If you have been injured in a car accident and need to file a claim with your insurance company, it is only natural to think they will offer you a fair settlement for your injuries and damage to your vehicle.

However, for an insurance company handling an accident claim is about two things: minimizing cost and managing risk. Miami personal injury attorney Spencer Aronfeld details this in confessions of a car accident attorney and explains what you must prove as an accident victim to receive compensation for your injuries.

Several factors affect the way your car insurance company will investigate your claim. These include: the nature and severity of your accident, damages, injuries and your insurance company’s specific policies.

Immediately after filing your claim, an insurance claims adjuster will be assigned to your case. They will be responsible for reviewing your policy to ensure that you are covered. They may also contact you to obtain further details about your accident. DO NOT give any recorded or written statements to them, before first obtaining legal advice. This is the #1 Tip for Car Accident Victims Injured in an Auto Accident.

The Insurance Adjuster’s Investigation of Your Claim will include the following:

• Request a copy of your police report;
• Contact the other driver(s) involved;
• Speak with any listed witnesses to the accident;
• Re-visit the accident scene;
• Further inspect and photograph your vehicle for damages.

Payment of Damages

Florida is a no-fault state, therefore drivers are required to $10,000 of Personal Injury Protection (PIP), also known as “no-fault” insurance coverage. This is used to cover your medical expenses and lost wages, regardless of who is at fault. However, in many accident cases this amount does not go very far.

Since your PIP coverage is limited, you may still need to seek payment from the at-fault driver for unpaid medical bills that PIP could not cover. The at-fault driver is legally required to cover medical costs as well as any additional injury-related expenses.

Medical History

If you have injuries and medical expenses following your accident, your claims adjuster will need proof from your medical bills. It is important that you seek immediate medical care after an auto accident, if you plan on filing a claim for your injuries. The longer you wait to receive medical treatment, the harder it is going to be to prove that the injuries were a result of the accident. It is important to note that information found in your medical history may be used to reduce your claim.

Vehicle Repairs

If you are at fault, your auto insurance company will cover your vehicle’s repair costs, if you have collision insurance. Your adjuster may ask you to get a repair estimate from a body shop your insurer approves. You may also need to obtain additional quotes for price comparisons. If the other driver involved is at fault, they will be responsible for the repair of your vehicle.

Claims Review

During the review process, your claims adjuster will scrutinize a variety of information pertaining to your accident.

• Your policy number;
• Date and location of the accident;
• Explanation of how the accident occurred;
• Contact information of others involved;
• Name of police department involved;
• Official Records for review (police reports, DMV reports, etc.);
• Medical records and bills;
• Property damage evidence;
• Wage loss evidence;
• Your recent social media activity.

It is important to note that your auto insurance company has a special investigations unit (SIU), designed to investigate suspected fraud. To avoid these issues, it is important that you avoid discussing the details of your accident on social media. Do not think your social media’s privacy settings will protect you. If you are filing a claim for injuries, be mindful of the activities you post yourself doing online. These can all be used against you when filing an insurance claim to receive compensation.


If you have been injured in a motor vehicle accident in Florida, it is very important to consult with an experienced Miami auto accident attorney immediately. Florida auto accident victims have only 14 days to seek initial medical attention to receive insurance benefits after an accident, so it is important you are seen by a doctor as soon as possible following the accident. Spencer Aronfeld is a Board Certified Trial Lawyer, and understands Florida’s complex personal injury laws. Since 1991 Aronfeld Trial Lawyers have fought hard to protect the legal rights of the injured and their families- and hold auto insurers like State Farm, Allstate, Progressive, GEICO and others accountable for the pain and suffering, medical expenses, lost wages and other damages suffered by our clients. Contact us today and speak with an experienced Miami auto accident attorney toll free 1-866-597-4529, local 305-441-0440, or by email. We offer a free initial consultation at your home, office, hotel or hospital. Call us today, we are ready to help.